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Terms & Conditions
1. Payment
A deposit must be paid by the Consumer on the Surfholidays.com website in order to secure a booking. This is clearly marked on each option when in the booking steps. The Consumer must pay the balance either at some stage before they arrive or upon arrival at the accommodation/surf school. It is clearly marked on each accommodations/surf schools page and in the checkout which way the balance should be paid.
2. Accommodation Cancellations
Each Accommodation property has its own cancellation terms which are marked in the Conditions area of its page on Surfholidays.com. The deposit is non refundable but the Consumer can use it as credit for the same property within one year of the Consumer's original booking.
3. Surf Lesson Cancellations
A Consumer must give a days notice when cancelling surf lessons otherwise they will be charged the full amount. The deposit is non refundable but the Consumer can use it as credit for the same school within one year of the Consumer's original booking
4. Insurance
It is the sole responsibility of the Consumer to check that the insurance scheme that they have provides the Consumer with their desired level of cover for their booking.
5. Our Service
Through the website we (Surfholidays.com) provide an online platform through which all types of temporary accommodation can advertise their rooms for reservation, and surf schools their products for booking, and through which visitors to the website can make such reservations. By making a reservation through Surfholidays.com, you enter into a direct (legally binding) contractual relationship with the accommodation/surf school provider at which you book. From the point at which you make your reservation, Surfholidays.com act solely as an intermediary between you and the accommodation/surf school, transmitting the details of your reservation to the relevant provider and sending you a confirmation email for and on behalf of the accommodation/surf school provider.
6. Consumer’s Responsibilities
The Consumer shall check the booking confirmation immediately upon it being furnished to them. If the Consumer considers any document is incorrect or has any query in relation to the contents they shall forthwith notify Surfholidays.com of their concern and Surfholidays.com shall respond as soon as possible.
The Consumer hereby agrees that they shall abide by all instructions or directions given by a member of Surfholidays.com staff in connection with the booking and hereby agrees to indemnify Surfholidays.com against any loss or injury suffered or incurred by any other person as a consequence of the Consumers failure to act in accordance with any such direction or instruction.
It is the sole responsibility of the Consumer to ensure that they are in possession of all travel documentation (ie. passports, visas where relevant) and that the same are in order. The Consumer hereby agrees to indemnify Surfholidays.comfor any costs incurred by Surfholidays.com as a consequence of the Consumer failing to have their travel documentation or same not being in order.
7. Liability
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees or representatives shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation or surf school as made available on our website, (iii) the services rendered or the products offered by the accommodation or surf school provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or surf school or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether the accommodation or surf school you stay at charges you (or has charged you) for your booking, or we are facilitating the payment of the price, you agree and acknowledge that the accommodation and surf school is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the room price to the relevant tax authorities.
8. Complaints
If the Consumer wishes to make a complaint in relation to a booking, they must immediately inform Surfholidays.com by email or phone when the complaint arises and shall, if Surfholidays.com requires, complete a form setting out in detail the Consumer complaint. If the Consumer fails to comply with such requirement, Surfholidays.com shall be entitled to recover the cost from the Consumer of any additional expense incurred by it in carrying out any subsequent investigation of a complaint which is found to be unjustified.
The Consumer shall be obliged to notify Surfholidays.com in writing of any complaint within 28 days after his return to the port of departure or termination of the holiday whichever is the earlier.
9. Governing Law
The contract arising from any confirmed holiday booking is to be interpreted under and is subject to, the laws of the Republic of Ireland and any dispute arising between Surfholidays.com and the Consumer shall be amenable only to the exclusive jurisdiction of the Court in the Republic of Ireland.
10. Statutory Rights and Serverance
Your statutory rights are not affected by the above provisions. In addition to the foregoing, all the terms and provisions of this Contract are distinct and severable and if any term or provision is declared, in whole or in part, to be void or unenforceable or is declared by a court to infringe your statutory rights, it will, to that extent be deemed not to form part of this Contract and the enforceability, legality and validity of the remainder of the Contract will not in any event be affected.
11. Conduct
Each Consumer is responsible for their own conduct. Damage caused to equipment or disregard for conduct rules is motive for reservation cancellation without refund. There may also be a charge for damage of goods. Each accommodation manager also has the right to invite guests to leave the property for unacceptable behaviour.
A deposit must be paid by the Consumer on the Surfholidays.com website in order to secure a booking. This is clearly marked on each option when in the booking steps. The Consumer must pay the balance either at some stage before they arrive or upon arrival at the accommodation/surf school. It is clearly marked on each accommodations/surf schools page and in the checkout which way the balance should be paid.
2. Accommodation Cancellations
Each Accommodation property has its own cancellation terms which are marked in the Conditions area of its page on Surfholidays.com. The deposit is non refundable but the Consumer can use it as credit for the same property within one year of the Consumer's original booking.
3. Surf Lesson Cancellations
A Consumer must give a days notice when cancelling surf lessons otherwise they will be charged the full amount. The deposit is non refundable but the Consumer can use it as credit for the same school within one year of the Consumer's original booking
4. Insurance
It is the sole responsibility of the Consumer to check that the insurance scheme that they have provides the Consumer with their desired level of cover for their booking.
5. Our Service
Through the website we (Surfholidays.com) provide an online platform through which all types of temporary accommodation can advertise their rooms for reservation, and surf schools their products for booking, and through which visitors to the website can make such reservations. By making a reservation through Surfholidays.com, you enter into a direct (legally binding) contractual relationship with the accommodation/surf school provider at which you book. From the point at which you make your reservation, Surfholidays.com act solely as an intermediary between you and the accommodation/surf school, transmitting the details of your reservation to the relevant provider and sending you a confirmation email for and on behalf of the accommodation/surf school provider.
6. Consumer’s Responsibilities
The Consumer shall check the booking confirmation immediately upon it being furnished to them. If the Consumer considers any document is incorrect or has any query in relation to the contents they shall forthwith notify Surfholidays.com of their concern and Surfholidays.com shall respond as soon as possible.
The Consumer hereby agrees that they shall abide by all instructions or directions given by a member of Surfholidays.com staff in connection with the booking and hereby agrees to indemnify Surfholidays.com against any loss or injury suffered or incurred by any other person as a consequence of the Consumers failure to act in accordance with any such direction or instruction.
It is the sole responsibility of the Consumer to ensure that they are in possession of all travel documentation (ie. passports, visas where relevant) and that the same are in order. The Consumer hereby agrees to indemnify Surfholidays.comfor any costs incurred by Surfholidays.com as a consequence of the Consumer failing to have their travel documentation or same not being in order.
7. Liability
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees or representatives shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation or surf school as made available on our website, (iii) the services rendered or the products offered by the accommodation or surf school provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or surf school or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether the accommodation or surf school you stay at charges you (or has charged you) for your booking, or we are facilitating the payment of the price, you agree and acknowledge that the accommodation and surf school is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the room price to the relevant tax authorities.
8. Complaints
If the Consumer wishes to make a complaint in relation to a booking, they must immediately inform Surfholidays.com by email or phone when the complaint arises and shall, if Surfholidays.com requires, complete a form setting out in detail the Consumer complaint. If the Consumer fails to comply with such requirement, Surfholidays.com shall be entitled to recover the cost from the Consumer of any additional expense incurred by it in carrying out any subsequent investigation of a complaint which is found to be unjustified.
The Consumer shall be obliged to notify Surfholidays.com in writing of any complaint within 28 days after his return to the port of departure or termination of the holiday whichever is the earlier.
9. Governing Law
The contract arising from any confirmed holiday booking is to be interpreted under and is subject to, the laws of the Republic of Ireland and any dispute arising between Surfholidays.com and the Consumer shall be amenable only to the exclusive jurisdiction of the Court in the Republic of Ireland.
10. Statutory Rights and Serverance
Your statutory rights are not affected by the above provisions. In addition to the foregoing, all the terms and provisions of this Contract are distinct and severable and if any term or provision is declared, in whole or in part, to be void or unenforceable or is declared by a court to infringe your statutory rights, it will, to that extent be deemed not to form part of this Contract and the enforceability, legality and validity of the remainder of the Contract will not in any event be affected.
11. Conduct
Each Consumer is responsible for their own conduct. Damage caused to equipment or disregard for conduct rules is motive for reservation cancellation without refund. There may also be a charge for damage of goods. Each accommodation manager also has the right to invite guests to leave the property for unacceptable behaviour.
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